Moboberry.com Terms of Use AgreementAugust 1, 2008

Moboberry.com (“Moboberry” or “we”), owned and operated by MC3TREE, LLC, is a social networking service that allows members to create unique personal profiles online in order to find and communicate with old and new friends, as well as share their experiences by creating personal ratings and reviews of local businesses, services, and events.  By accessing or using our web site at www.moboberry.com or the mobile version thereof (together the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Moboberry. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use.  If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Proprietary Rights in Site Content; Limited License

All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice and with or without cause.

TrademarksMOBOBERRY, MOBOBERRY-LICIOUS and other Company graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.  

1. Eligibility.  Use of the Moboberry Services and registration to be a Member for the Moboberry Services (“Membership”) is void where prohibited.  By using the Moboberry Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Moboberry Services does not violate any applicable law or regulation.  Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

2.  Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Moboberry Services or are a Member.  You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page.  Moboberry may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 1-17.

3.  Fees. You acknowledge that Moboberry reserves the right to charge for any portion of the Moboberry Services and to change its fees (if any) from time to time in its discretion.  If Moboberry terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

4.  Password. When you sign up to become a Member, you will also be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party.  You agree to notify Moboberry immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account.

5.  User Conduct. The Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.  In addition, you agree not to use the Service or the Site to:A.  harvest or collect contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;B.  use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;C.  use automated scripts to collect information from or otherwise interact with the Service or the Site;D.  upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;E.   upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;F.   register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;G.  impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;H.  upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;I.    upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;J.    solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;K.  upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;L.   intimidate or harass another;M.  upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;N.  use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.O.  upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type. 

6.  User Content Posted on the Site. You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the Moboberry Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Moboberry does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. 

7.  Protecting Copyrights and Other Intellectual Property. Moboberry respects the intellectual property of others, and requires that our users do the same.  You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.  Moboberry has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the Moboberry Services in a way that constitutes copyright infringement, please send Moboberry a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Moboberry Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.  Please email the above information to Legal@moboberry.com.

8.         Member Disputes. You are solely responsible for your interactions with other Moboberry Members.  Moboberry reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.

9.         Privacy. Use of the Moboberry Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

10.      Disclaimers. Moboberry is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Moboberry Services, whether caused by Users of the Moboberry Services or by any of the equipment or programming associated with or utilized in the Moboberry Services and such User Content does not necessarily reflect the opinions or policies of Moboberry. Profiles and third party applications created and posted by Members on the Moboberry Website may contain links to other websites. Moboberry is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Moboberry.  Inclusion of any linked website on the Moboberry Services does not imply approval or endorsement of the linked website by Moboberry.  When you access these third party sites, you do so at your own risk.  Moboberry takes no responsibility for third party advertisements or third party applications that are posted on or through the Moboberry Services, nor does it take any responsibility for the goods or services provided by its advertisers. Moboberry is not responsible for the conduct, whether online or offline, of any User of the Moboberry Services.  Moboberry assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.  Moboberry is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Moboberry Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Moboberry Services.  Under no circumstances shall Moboberry be responsible for any loss or damage, including personal injury or death, resulting from use of the Moboberry Services, attendance at a Moboberry event, from any User Content posted on or through the Moboberry Services, or from the conduct of any Users of the Moboberry Services, whether online or offline.  The Moboberry Services are provided "AS-IS" and as available and Moboberry expressly disclaims any warranty of fitness for a particular purpose or non-infringement.  Moboberry cannot guarantee and does not promise any specific results from use of the Moboberry Services. 

11.  Limitation on Liability IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

12.  Termination. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13.  

13.  Governing Law; Venue and Jurisdiction.  By visiting or using the Site and/or the Service, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California. 

14.  Arbitration.  YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose. 

15.  Indemnity.  You agree to indemnify and hold Moboberry, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Moboberry Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Moboberry Services causes Moboberry to be liable to another. 

16.  Submissions.  You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 

17.  Other.  These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Moboberry Privacy Policy

August 1, 2008

This website allows people to share their knowledge and insight about local businesses, services, and events with the broader community. To accomplish this, we gather information from and about users and share it with others, as described in more detail below.For the purposes of this Privacy Policy, the term "this website" refers to the various web pages located at the moboberry.com domain, and excludes any web pages that might be linked to the moboberry.com domain that are not owned and operated by MC3TREE, LLC. The term "user" refers to a user of, or visitor to, this website. The terms "we", "us", and "Moboberry" refer to Moboberry. The terms "you" and "your" refer to you, as a user. Your "friends" are those who you explicitly designate as friends by inviting them, or responding to their invitations, to share profile and review information.By using this website, you permit the collection and use of your personal information as outlined below in our Privacy Policy. You should visit this page periodically to review any changes to the Privacy Policy.

I. Information We Collect We collect information that you submit in the process of creating or editing your account and user profile on this website (your "Profile Information"), including your name, email address, and location information such as city, state and zip. We also collect information in the form of the content that you submit in the course of your use of this website (your "Content"), such as photos, reviews, and ratings of local businesses and service providers. Finally, we also collect other information relating to your activity on this website that you do not explicitly submit to us (your "Nonpersonal Information"), such as your actions on this website, your browser, IP address, requested URL, referring URL, and timestamp.

II. How We Use Your Information We store information about you and your use of this website, including your Content, Profile Information, and Nonpersonal Information. In addition, we display your Content to other users of this website in order to share your knowledge and insights about local businesses, services, and events with the broader community. Your Profile Information (excluding your email address, first and last name, and telephone number) may also be displayed in connection with your Content. We may use and display your full name and email address when you send an email notification to a friend through this website (such as in an invitation). We also use your email address to send you updates or news regarding this website. Additionally, we use your email address to contact you on behalf of your friends (such as when someone sends you a personal message).We use Nonpersonal Information to help us diagnose problems with our server, administer this website, and otherwise provide the highest possible level of service to you. In addition, we use Nonpersonal Information to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the site.

III. Transfer of Information We may disclose information about you and your use of this website if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to avoid liability, to comply with legal process, such as a search warrant, subpoena, statute, or court order, or to protect our rights and property, or that of our affiliates or the public. We are not required to question or contest the validity of any search warrant, subpoena or other similar governmental request that we receive.Further, we may share information in order to investigate, prevent, or take action regarding illegal activities or suspected fraud, or to enforce or apply the terms and conditions of this Privacy Policy.We reserve the right to transfer information about you and your use of this website in the event of a transfer of ownership of Moboberry, such as an acquisition by or merger with another company. In such an event, Moboberry will notify you before information about you is transferred and becomes subject to a different privacy policy.

IV. Others' Information You may choose to provide us with another person's email address so that person may be invited to create an account on this website and become your friend. We use this information to contact and, if necessary, remind that person about the invitation. All invitees are provided with the option not to receive further invitations. We may disclose such information if required to do so in order to comply with legal process, as described above.

VI. Use of Cookies Cookies are small text files that reside on a user's computer and identify you as a unique user. We use cookies to refine our website and simplify the user experience. For example, the use of cookies allows registered users to enter this website without explicitly typing in their email address and password every time. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature.